Changes of the meaning of „social justice” concept in the face of the welfare state purposes

Since the 40’s of the nineteenth century the term “social justice” has played an increasing role in political reflection. The main subject of this paper is a meaning ascribed to the idea of “social justice” in the face of goals of welfare state. From this point of view very important are various senses of the notion. It can be distinguished in this area at least two related aspects. The first refers to characteristic of the justice itself. It can be described as a virtue, norm or right. The second one applies to the particular type of justice identified with social justice. In this respect relevant are: legal, distributive and retributive (or commutative) justice. Aside from that, social justice is also treated as an idea of equality or solidarity in social environment.

In this article, the author tries to point out the problems of the legal system and democratic society after 1989 in the condition of Slovak Republic and ultimately almost in all the countries of post-Communist period. The aim of this work is to point out the development of justice and judicial authorities in Slovakia since 1989 and its current state. The result should be the naming of all elements influencing the judiciary, decision-making activity of court in the context of the directive and the rules of the European Community. The next point is the description of the independence and connection of the judiciary and its offices to state power and related isues. Also, the autor describes to the establishment of the Judicial Council of the Slovak Republic as the highest office of the judiciary in the Slovak Republic, its competences, powers and functioning. In the same way there are listed other offices without which the judiciary as such could not function like Prosecutor’s Office of the Slovak Republic, Slovak Bar Association, Notary Chamber of the Slovak Republic and Slovak Chamber of Executors. At the end of the article the author evaluates the development of justice in the context of an ever-evolving democratic society.

Constitutive and Conventional Provenance of Law to Fair Consideration of Case (Right to a Fair Trial)

The text is devoted to the problem of the right to a fair trial, which the Polish legislator recognizes as the one of the most important civil rights and liberties. The constitutive and conventional lineage of this right was indicated. It is noted in the text that this right can only be excercised in a state that recognizes the tripartite division of power as well as in situation in which common judiciary is based on four fundamental foundations such as jurisdiction to hear a case of a given type, impartiality, independent in legal, organisational and decision-making terms.

The scientific article is devoted to the definition of directions of improvement of the jury trial in civil proceedings of Ukraine. It unveils the historical origins of formation of the jury trial as one of the important democratic institutions, which provides the possibility of direct participation of people in the administration of justice and is a civilized means of protecting civil society from judicial arbitrariness and corruption in the judiciary. Two models of jury trial are described: the Anglo-Saxon and the continental. The existing scientific controversy on the expediency of the functioning of the jury in civil proceedings and the effectiveness of some, including complex, civil cases with the participation of the jury are described. It is argued that the reasons for the inefficiency of the jury trial in Ukraine are the non-transparent system of forming the jury lists, the lack of state funding for the jury trial, public misunderstanding of the benefits of the jury trial, and thus the non-acceptance of the jury by the vast majority of citizens and their evasion of the duties of jurors. It is concluded that it is inexpedient to preserve the jury trial in civil proceedings in its current form, as this will only harm the tasks of civil proceedings. The authors propose the ways to improve the model of the jury trial in civil proceedings in Ukraine, in particular, by building a transparent system for forming a list of jurors as a result of outreach work among the population and decent pay for jurors.

The cycle of individual and communal lives from birth to death is supposedly preserved by the government through institutions. However, political, social, and economic activities are engaged to make ends meet wherein the government is to serve as an unbiased regulator. The activities that play out in Southern Kaduna reflected politics of being on one side with interplay on origin, identity, religion, and locality. On the other hand, it reflects politics of belonging that play on kin, reciprocity, and stranger status. It has thus resulted in violence, suspicion, and persistent conflict. The study examines citizen’s inclusiveness in peacebuilding initiatives and the people’s perception of the sincerity of the government. The research relies on secondary sources where governmental and non-governmental publications and documents from relevant and reliable sources enriched the socio-historical approach, particularly those relating to contestation in the region. The study found out that just like situations in the other northwest states of the country, the crisis exacerbates by the government’s inability to mediate fairly between warring parties to ensure fairness and justice as well as failure to apprehend and punish the culprits, even as recommendations from the various interventions were unimplemented. Thus, the spate of violence continues.

The purpose of this article is an attempt to show the development of Polish social work based on the works of Prof. Ryszard Borowicz. In the text were subjected to scientific reflections definitions and the main categories of research described by the author, which may be a starting point for the development of the theory and practice of social work (human dignity, work, equality and social justice, the auto-selection). The author devotes attention to questions of education and social work tasks facing contemporary social work. Text analysis R. Borowicz has allowed many findings. The main thing is that social work is transdisciplinary and interdisciplinary science that combines the traditions of different disciplines (especially sociology, pedagogy, social policy), the creation of social theory and practice should benefit from the experience of the world, but without forgetting the native and most importantly you need think about the future, and not focus on the present, because there will be more social problems and new needs that challenge for social work. Notably, many of the issues raised by the researcher is still valid and therefore worth reaching for his works and re-discover them.

Correlation of Concepts Right and Law

The article proves that law is an effective means of regulation only in the rule of law. The rule of law underpins the work of the United Nations and other international organizations, as well as the political institutions of modern developed nations. It is shown that the concept of “rule of law” is lexically close to one of the basic elements of the positivist doctrine of law in the form of the concept of “rule of law”, which led to the identification of these concepts. It is substantiated that the Ukrainian vision of the rule of law is not limited to legislation as one of its forms, but also includes other social regulators, including morals, traditions, customs, etc., which are legitimized by society and conditioned with historically achieved cultural level. It is confirmed that justice is one of the basic principles of the law, decisive in defining it as a regulator of social relations, one of the universal dimensions of the law. It is proved that justice is considered as a property of the law, expressed, in particular, in the equal legal scale of behavior and in the proportionality of legal responsibility for the offense. In the field of the law enforcement, justice is manifested, in particular, in the equality of all before the law, the conformity of crime and punishment, the goals of the legislator and the means chosen to achieve them. In the article, that right, comes forward as effective means of adjusting only in the conditions of supremacy of thelaw. Principle of supremacy of right is the basis of activity of United Nations and other international organizations, and also political institutes of the modern developed states. It has been shown that a pan-European understanding of the concepts studied takes into account the main aspects of the concept of “rule of law”: all persons, whether public or private, must be bound by law and have the right to enjoy it. It is shown that modern society has developed an effective mechanism for ensuring the rule of law, which includes: the existence of the basic law of the country – the Constitution or its equivalent; clear and consistent system of legislation; institutions of justice, administration and security, which have the means and capabilities to ensure the application of legislation; legal culture. In the absence of equal law for all, the progressive development of society is impossible. Where there are groups above the law, as well as the practice of selective application of the law, incentives for development disappear. It is substantiated that the rule of law should be identified and implemented at the stage of law enforcement and the first step towards this is to increase the role of law as the main and primary regulator of public relations.

Constitutional Determinants of the Scope of Cognition of a Court Bailiff after the Entry into Force of the Act of 4 July 2019 Amending the Act – Code of Civil Procedure and Certain other Acts (Dz.U. 2019, item 1469, as amended)

The goal of the paper is to present the compliance with the Constitution of the Republic of Poland of the current scope of cognition of a court bailiff in civil proceedings. After the entry into force of the amendment to the Code of Civil Procedure of July 4, 2019, the bailiff is obliged to examine the limitation period for the creditor’s claim. This state of affairs raises important constitutional doubts. The assessment of the title issue would not be possible without taking a stance on the decision of the Constitutional Tribunal of 22.07.2022, P 23/19. The study uses a dogmatic-legal research method.

Aporias of sustainable development

The article considers the aporias underlying the idea of sustainable development and the 2030 Agenda. The reports made for the Agenda show, on the one hand, that in recent years the number of people living in extreme poverty has significantly decreased, on the other hand, it turns out that the goals of sustainable development are implemented are faster and more effective in developed countries. In other words, we observe that despite the relative improvement in living conditions in the poorest countries of the global South, most of the profits still go to the wealthiest countries of the North, which get richer at the expense of the poor. The author concludes that the aporetic nature of the 2030 Agenda has been unintentionally expressed already in the preamble, where the idea of sustainable development is compared to modern Esperanto, thanks to which the activities of governments and business are to be integrated under the aegis of the United Nations, and notes that the vast majority of vocabulary in Esperanto comes from languages Western European, and the language is always governed by a specific axiology and social structure – it turns out that it is easier for Western countries to find the semantic, syntactic and, above all, pragmatic reality assumed in the Agenda.

From Natural Rights to the Dignity of the Human Person. Considerations on the Axiology of the Constitution of the Republic of Poland

The article is a reflection on the issues of natural law. The dominant view in the literature on the subject is that natural law is a kind of matrix that should be duplicated by the legislator in order to prevent legal injustice. According to the Latin paremia: Lex iniusta non est lex (Unjust law is not law), the legislator must take into account unspecified higher- level norms. The aim of the article is to look from a philosophical perspective at the axiological foundations of the Polish legal order in the context, primarily, of the sources of law. According to the author of the article, in modern times the rationalism of natural law is becoming apparent, and its religious foundations will not necessarily be acceptable in a culturally pluralized society. The legal analysis method was used, the historical-legal method (in terms of examining the evolution of legal ideas underlying individual constitutional regulations) and the hermeneutic method in relation to the examination of the Constitution as a product of culture, not so much in the linguistic, but in the social, cultural and historical layer. The analysis of applicable legal provisions also forced the use of the formal and dogmatic method.